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Child Abuse - Governing Law and Legislation

NCJ Number
98649
Editor(s)
I J Sloan
Date Published
1983
Length
151 pages
Annotation
This manual on law pertaining to child abuse and neglect discusses the identification of child abuse and neglect and then addresses State laws on reporting, court procedures, proof and evidence, and statutes pertinent to child sexual abuse.
Abstract
Victim physical and behavioral indicators of physical abuse, neglect, and sexual abuse are outlined as well as behavioral indicators of emotional abuse. Characteristics of physically abusive, neglectful, and sexually abusive parents are also listed. Key elements of State child abuse and neglect reporting statutes are surveyed: purpose of the laws, reportable circumstances, the definition of abuse and neglect, children's age limits, the reporter's required state of mind, and who must and may report. Also discussed are immunity for reporting and other acts, abrogation of privileges, special exemptions, and the criminal and civil sanctions imposed for failure to report. A chapter on laws pertinent to the judicial aspects of child abuse and neglect addresses (1) agencies mandated to receive reports of abuse and neglect, (2) agencies responsible for investigating reports, (3) protective custody, and (4) the court system. Standards of proof and rules of evidence are considered in another chapter. The concluding chapter, dealing with child sexual abuse, focuses on definition, background and incidence, sexual abuse in juvenile/family court jurisdiction statutes, domestic violence statutes, and evidentiary problems. Appendixes contain the definitions of abuse in various State reporting laws, a discussion of the Landeros v. Flood case in California, and New York Times articles on a prominent child abuse case. A 105-item bibliography and a subject index are provided.